Ohio § 4722.02

§ 4722.02.

(A) Except as provided in division (C) of this section, no home construction service

supplier shall perform any home construction service the cost of which equals or exceeds

twenty-five thousand dollars unless the supplier enters into a written home construction

services contract with the owner.  The contract shall include all agreements and conditions related to the home construction

service, including all of the following: (1) The supplier's name, physical business address, business telephone number, and taxpayer

identification number; (2) The owner's name, address, and telephone number; (3) The address or location of the property where the home construction service is to

be performed; (4) A general description of the home construction service, including the goods and services

to be furnished as part of the service; (5) The anticipated date or time period the home construction service is to begin and

the anticipated date or time period it is to be completed; (6) The total estimated cost of the home construction service; (7) Any cost of installation, delivery, or other cost that the total estimated cost does

not cover; (8) A copy of the supplier's certificate of insurance showing general liability coverage

in an amount of not less than two hundred fifty thousand dollars; (9) The dated signatures of the owner and the supplier. (B)(1) If the total amount of reasonably unforeseen, but necessary, excess costs of a home

construction service at any time exceeds five thousand dollars over the course of

the entire home construction contract, prior to performing the work related to the

excess costs, the home construction service supplier shall provide an owner with a

notice that contains a written or oral estimate, depending on which type the owner

has designated in the contract. (2) To determine the type of notice an owner requires when the costs of a home construction

service exceed the estimate provided in the contract, the contract shall include a

statement in substantially the following language: “EXCESS COSTS IF AT ANY TIME A HOME CONSTRUCTION SERVICE REQUIRES EXTRA COSTS ABOVE THE COST SPECIFIED

OR ESTIMATED IN THE CONTRACT THAT WERE REASONABLY UNFORESEEN, BUT NECESSARY, AND THE

TOTAL OF ALL EXTRA COSTS TO DATE EXCEEDS FIVE THOUSAND DOLLARS OVER THE COURSE OF

THE ENTIRE HOME CONSTRUCTION CONTRACT, YOU HAVE A RIGHT TO AN ESTIMATE OF THOSE EXCESS

COSTS BEFORE THE HOME CONSTRUCTION SERVICE SUPPLIER BEGINS WORK RELATED TO THOSE COSTS.  INITIAL YOUR CHOICE OF THE TYPE OF ESTIMATE YOU REQUIRE: ․․․․․․․․․․ written estimate ․․․․․․․․․․ oral estimate” (3) If the contract stipulates that the specified cost of the home construction service

is a firm price and the home construction service supplier will not charge the owner

with any excess costs, the home construction service supplier need not comply with

the notice requirements of this division. (C) A home construction service supplier who enters into a cost-plus contract with an

owner for a home construction service need not comply with the requirements in divisions

(A) and (B) of this section.